Australia - JS, 32 y.o. man, charged w/ murder of 9 y.o. girl , Mt Wilson, 13 January 2022

[Sdow]

Authorities have re-appealed to the public for information on any suspicious activity they may have witnessed on Thursday January 13 and Friday January 14.

The five locations are:

• BP Petrol Station, Richmond Road, Marsden Park – January 13 at 5:53pm
• Victoria Road, Drummoyne – January 13 around 7:19pm
• Five Dock boat ramp, Bayswater St – January 13 between 7:20pm and 9:50pm
• Windsor Boat Ramp, Livingstone St – January 14 between 1:30am to 1:40am
• Colo River Jetty, under the Putty Road Bridge – January 14 at 2:25am to 2:30am and Lower Colo Rd between 2:37am to 2:46am

“At some stage after leaving the Colo River that item (blue tarp) wasn’t on the ute when it stopped at another service station at Bells Line Road," he said.
Investigators reveal CM cause of death amid new plea to the public

Reading this and having them mention an interest in Friday, it has also occurred to me that it was reported that JS was not at the Mt Wilson property on the Friday but met police at Penrith Police Station later that morning. So going back, it’s possible that he went back to Mt Wilson after 2.46am (maybe to return the boat) and then left again around 4.30am when the neighbour saw the car. He may have also been disposing of gun during this time also. However, given the timeline the police are interested in, I assume it’s more likely to have been thrown away during those specific times.

 

[Waverider]

I wonder what the hold up is with the DNA. Maybe there is not a rush on it, as they 'know' the deceased child is CM. She is/was missing, what other child would be in the barrel in the back of the ute.

I wonder if they possibly don't have a good sample to match up (yet). If CM's toothbrush/hairbrush/sunhat went missing or everything was washed in bleach. He had 1½-2 days for clean up.

Or perhaps the labs are really backed up due to mass covid testing, people sick with covid, people isolating as close contacts.

I’d imagine that DNA analysis can only commence after the post-mortem is complete, since the body would need to be examined prior to any intervention to ensure the credibility of the autopsy. So, analysis may have only just started.

 

[Wellsy]

"After leaving the Colo River that item (tarp covered barrel) was not on the ute when it stopped at another service station at Bells Road, Kurmond"

"CM's mother has been reinterviewed. She provided a formal statement last Friday. She's in alternative accommodation after leaving medical care. The formal statement at this stage corroborates the original statement she provided. We are treating her as a witness. There is no evidence at this stage that puts her at the property at the time of the murder."
(at around 8:20 in the presser)

"We've got a large number of police who are highly motivated. You don't get much more motivated than in the murder of a 9 year old."

"Small caliber firearm."

Yes I noticed that 'small calibre firearm' comment which made me think it was a handgun or at least not a rifle (is a .22 considered small caliber?) or a typical firearm people have for vermin on rural properties?

i suppose it is as vermin like foxes, rabbits, birds are small?
But I'm no expert! Any clarification appreciated x

 

[imstilla.grandma]

Reading this and having them mention an interest in Friday, it has also occurred to me that it was reported that JS was not at the Mt Wilson property on the Friday but met police at Penrith Police Station later that morning. So going back, it’s possible that he went back to Mt Wilson after 2.46am (maybe to return the boat) and then left again around 4.30am when the neighbour saw the car. He may have also been disposing of gun during this time also. However, given the timeline the police are interested in, I assume it’s more likely to have been thrown away during those specific times.

Physical evidence of that gun would go a long way toward solidification of the case for trial.

 

[Wellsy]

Small calibre gunshots, using potentially subsonic ammunition, aren't very loud.
A single 22 calibre gunshot in the middle of a rural area with the normal sounds of daily life (and wildlife) happening all around... it might easily be missed.

Suppressors are available in Australia with the correct permits, but those permits are almost impossible to acquire (you need to hunt for a living, basically).
Homemade suppressors and other noise abating methods are an option, but like I said above, small calibre subsonic ammunition is already very quiet.

Thank you this answered my question I just posted as I was catching up- so a 22 would be considered a small calibre firearm and also a fairly typical gun to own on a rural property/ or have access to.

 

[nightrider17]

• Five Dock boat ramp, Bayswater St – January 13 between 7:20pm and 9:50pm
• Windsor Boat Ramp, Livingstone St – January 14 between 1:30am to 1:40am

The time to drive from Five Dock boat ramp to Windsor Boat Ramp is between 54 mins and 1 hour - there is missing time between 9.50 and 1.30??

Also can someone explain if you can't float a boat at one venue why would it be possible at another - is it a tidal problem or boat ramp access. Just not understanding why the second place would be doable if the first place was not.
Also looks like JS had to stop for petrol after his last stop at Colo Road. Would he have had mud on his shoes??

Also if the blue taupaulin is also missing - could this and the gun have been disposed of after the Colo Road. Maybe as others have said when taking the boat back to the property.

We also don't really know if KM said Thursday afternoon was the last citing of CM because she was under duress of the possibility that JS had something to do with it.
If she had convinced him that he had to report that CM is missing - maybe she kept him onside by going with the story of missing from Thursday.
Possibily JS is acting very volitile at this stage, no sleep and having lots of his plans coming unstuck. Just my own opionion.

 

[bfew]

Yes I noticed that 'small calibre firearm' comment which made me think it was a handgun or at least not a rifle (is a .22 considered small caliber?) or a typical firearm people have for vermin on rural properties?
But I'm no expert! Any clarification appreciated x

A small calibre rifle is now being reported.

CM died after allegedly being shot by JS: police
'CM was allegedly shot dead by JS with a small calibre rifle.'

 

[Wellsy]

A small calibre rifle is now being reported.

CM died after allegedly being shot by JS: police
'Little CM was allegedly shot dead by her stepdad with a small calibre rifle.'

Thank you so much!

Still completely bewildered that if this was a gun on the property for vermin reasons- how JS was given any access or knowledge to access the safe etc- with his history.
That's assuming it was (in all likeliness imo) a gun kept at the property and all locked up etc as it bloody well should've been.

 

[Aussieboy]

I’d imagine that DNA analysis can only commence after the post-mortem is complete, since the body would need to be examined prior to any intervention to ensure the credibility of the autopsy. So, analysis may have only just started.

They usually do a DNA test for the perpetrator in Australia when they find a deceased like this, that could open up an array of other problems, because there's always more than one DNA sample found on the victim, as you have various forms of DNA transfer to the victim other than human to human contact, so they would have to rule out any other DNA found and JS could also legally deny giving a DNA sample, LE could illegally obtain a sample but it might not be admissible court as certain evidence. Also, DNA labs need to be accredited by an authority group to be used by LE in Australia. A lot of court cases get bungled because of mistakes done during testing and accidental contamination of crime scenes. If you want to learn more, look up the cases of Shandee Blackburn in Makay, Australia, and Bradley Robert Edwards in WA, they go in depth with DNA testing.

 

[SouthAussie]

A small calibre rifle is now being reported.

CM died after allegedly being shot by JS: police
'Little CM was allegedly shot dead by her stepdad with a small calibre rifle.'

The media were at the same presser that we listened to. I don't believe it was mentioned whether it was a gun or a rifle. I imagine they are taking guesses.

We definitely saw the entire presser as it went until the DS abruptly stopped answering questions and walked away.

All the DS said was small caliber firearm.

(Also, you might want to adjust your post to exclude full names )

 

[sleepinoz]

A small calibre rifle is now being reported.

C M died after allegedly being shot by J S: police
'Little C M was allegedly shot dead by her stepdad with a small calibre rifle.'

As I seem to be the name police, you need to edit your post to take out the names - as does everyone that has quoted your post -

Don't forget JS

 

[Wellsy]

And following on from my last post- will that potentially mean criminal charges for negligence on the firearms legal owner? I would vote YES. Getting super angry now. Poor little mite, system failed her on a few levels.

 

[Aglaia]

They usually do a DNA test for the perpetrator in Australia when they find a deceased like this, that could open up an array of other problems, because there's always more than one DNA sample found on the victim, as you have various forms of DNA transfer to the victim other than human to human contact, so they would have to rule out any other DNA found and JS could also legally deny giving a DNA sample, LE could illegally obtain a sample but it might not be admissible court as certain evidence. Also, DNA labs need to be accredited by an authority group to be used by LE in Australia. A lot of court cases get bungled because of mistakes done during testing and accidental contamination of crime scenes. If you want to learn more, look up the cases of Shandee Blackburn in Makay, Australia, and Bradley Robert Edwards in WA, they go in depth with DNA testing.

23. In R v White [2005] NSWSC 60 the accused had pleaded not guilty to murder of Phyllis Jean O'Brien at Katoomba on 29 August 2003. The judge-alone trial proceeded before Studdert J. who gave a ruling upon the admissibility of DNA evidence obtained on the analysis of a cigarette butt discarded by the accused at the police station at Katoomba. The police had little evidence to connect the accused to the offence; but he was in the police station after being arrested on warrants. A smoker, police contrived to be in a position to collect his discarded cigarette butt in the police station. The issue of the admissibility of the evidence of analysis involves consideration of s 82 of the Crimes (Forensic Procedures) Act 2000 which renders inadmissible evidence which has been obtained in circumstances contrary to the Act other than as provided for in s 82(4) and (5).

24. In White Studdert J., in admitting the evidence, stated:

"Having weighed up the various matters to which s 82(5) directs attention, I am of the opinion that the desirability of admitting the evidence the subject of challenge here outweighs the undesirability of admitting such evidence even if it be assumed, contrary to the view I have formed, that the evidence was obtained in contravention of the Act. For the above reasons, I consider that the evidence the subject of the challenge should be admitted and I so rule.

I do not overlook the provisions of s 138 of the Evidence Act. Evidence obtained improperly is not to be admitted by reason of that provision 'unless the desirability of admitting the evidence outweighs the undesirability of admitting [it]'Section 138(3) invites consideration of matters of a like type to those matters to be considered under s 82(5). Mr Hanley submitted the demands of s 82(5) were greater than the demands of s 138(3). Whether that be so or not, it seems to me, again assuming the evidence was improperly obtained, that the discretion that would thereby be enlivened under s 138 should be exercised in favour of admitting the evidence."
DNA Evidence Considered

This case mentioned here was interesting at the time as to what was considered admissible too
(Case very close to home for me too)

 

[Wellsy]

Are you able to adjust the post you quoted (in your last post). The name of JS needs to be edited out.

(Deputy name police here )

So when I click on it- it only shows a headline sentence for me? I can't see his name? But I will endeavour to keep looking

sorry I can't see? Can you point out which one or delete it please? I'm on my way to pick up my daughter now so might not be able to sort it for a bit x

 

[Warshawski]

One of the many questions that we don't have any answers for yet ...imo

Wasn’t CM down there for a 2 week holiday. If she arrived 21st Dec, was imo well overdue to return home by 10th Jan.

 

[sleepinoz]

Wasn’t CM down there for a 2 week holiday. If she arrived 21st Dec, was imo well overdue to return home by 10th Jan.

At this stage IMO we can forget most of what we've been told prior to the latest Police presser.

 

[ishtvara]

Gunshot was not expected. If there is anything that I can somewhat be relieved about in this horrible situation is that Mum is at this point clear of betraying her child.

 

[Warshawski]

I think we can see the writing on the wall.

This could explain why the accused didn't empty out the barrel, he felt squeamish about doing it, so he just left it, imo. That's not a normal reaction of a murderer who's getting rid of evidence as best they can. It was like he was following a train of thought and when it became too hard, he gave up. He allegedly gave 2 conflicting stories to police which follows the same theme.

Poor CM was let down by her carers, people ignore abnormal behaviour for various reasons, and it's the children in these instances that suffer the most! JMO

IMO, he intended to put the barrel in the creek, on the understanding it would sink to the bottom under the weight of all the sand he filled it with, however he was too weak to do that, so had to leave it in the nearby bush - imo

This is just another dreadful, horrible, unnecessary situation that defies all comprehension. What is wrong with people !!

 

[Warshawski]

If JS was the subject of an AVO, then he is prohibited from owning a firearm for 10years after its expiry. So either illegal access to a legal firearm or anunlicenced weapon??

What about if he’s on parole ?

 

[Waverider]

They usually do a DNA test for the perpetrator in Australia when they find a deceased like this, that could open up an array of other problems, because there's always more than one DNA sample found on the victim, as you have various forms of DNA transfer to the victim other than human to human contact, so they would have to rule out any other DNA found and JS could also legally deny giving a DNA sample, LE could illegally obtain a sample but it might not be admissible court as certain evidence. Also, DNA labs need to be accredited by an authority group to be used by LE in Australia. A lot of court cases get bungled because of mistakes done during testing and accidental contamination of crime scenes. If you want to learn more, look up the cases of Shandee Blackburn in Makay, Australia, and Bradley Robert Edwards in WA, they go in depth with DNA testing.

According to the press release, they’re using DNA to identify the victim, as opposed to identifying the perpetrator.

They said the autopsy confirmed that the body is consistent with CM and they are sure of the identity, but presumably they need some other form of identification..